Albright v. Fisher
Supreme Court of Missouri
Prohibition. It is beyond the jurisdiction of a circuit court to enjoin the consideration or passage of an ordinance by the municipal assembly of the city of St. Louis granting a right of way over certain streets of the city for street railway purposes, because the consideration and passage of such an ordinance constitute legislative acts, which a court has no power to supervise. State ex rel. v. Sup. Ct.
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Prohibition. It is beyond the jurisdiction of a circuit court to enjoin the consideration or passage of an ordinance by the municipal assembly of the city of St. Louis granting a right of way over certain streets of the city for street railway purposes, because the consideration and passage of such an ordinance constitute legislative acts, which a court has no power to supervise. State ex rel. v. Sup. Ct. Milwaukee, 105 Wis. 651; s. c., 48 L. R. A. 819; Des Moines Gas Oo. v. City of Des Moines, 44 Iowa 505; s. c., 24 Am. Rep. 756; New Orleans Water Works v. New Orleans, 164 U. S. 481; City of…
1Opinion of the CourtSherwood, J.
— This litigation presents these feattures:
Eirst, a temporary injunction, granted by the defendant *58judge, on the application of James M. Carpenter et al. against Edmund Berseh et al., all members of the municipal assembly of the city of St. Louis, including the presiding officers of both houses of said assembly, restraining such members in their official capacity from considering, passing or adopting, or taking any further action upon or in relation to, Council Bill No. 44 for an ordinance to be entitled as follows: “To authorize the St. Louis & Suburban Railway Company to extend its lines…
2Cases cited10 opinions
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Ex parte LucasSupreme Court of Missouri · 1901
- Ex parte SmithSupreme Court of Missouri · 1896
- Corrigan v. GageSupreme Court of Missouri · 1878
- Taylor v. City of CarondeletSupreme Court of Missouri · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kansas City v. HydeSupreme Court of Missouri · 1906
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- State ex rel. Heimburger v. WellsSupreme Court of Missouri · 1908
- Missouri Coalition for the Environment v. Joint Committee on Administrative RulesSupreme Court of Missouri · 1997
- State ex rel. Abel v. GatesSupreme Court of Missouri · 1905
9 more not listed; retrieve them via the Exa API.